Smith v. Boyd et al (INMATE1)

Filing 107

ORDERED and ADJUDGED that the 103 Recommendation of the Magistrate Judge is hereby ADOPTED and that: 1) The dfts' motion for summary judgment with respect to the plf's constitutional claims for monetary damages lodged against them in thei r official capacities is GRANTED, as the dfts are entitled to absolute immunity from these claims; 2) The motion for summary judgment filed on behalf of dfts Richard Allen and Patrick Robinson regarding the plf's claims against these dfts in the remaining aspects of their official capacities and in all aspects of their individual capacities is GRANTED; 3) The motion for summary judgment filed on behalf of dfts Louis Boyd, Carter Davenport, Kenneth Sconyers, Jeffery Knox, Phelix Woods, Ibeth Jones, Marvin Scaffe, Timothy Allen, Otis Smith, Irvin Dwayne Richardson, Jimmy Thomas, Antonio McClain, Marvin Thomas and Dominic Whitley regarding all claims contained in the complaint, with the exception of the plf's failure to protect claim , is GRANTED; 4) The motion for summary judgment filed on behalf of dfts Louis Boyd, Carter Davenport, Kenneth Sconyers, Jeffery Knox, Phelix Woods, Ibeth Jones, Marvin Scaffe, Timothy Allen, Otis Smith, Irvin Dwayne Richardson, Jimmy Thomas, Antonio McClain, Marvin Thomas and Dominic Whitley related to the plf's failure to protect claim lodged against them in their official capacities seeking relief other than monetary damages and in all aspects of their individual capacities is DENIED; 5) The motion for summary judgment filed on behalf of dft James Griffin regarding all claims contained in the complaint, with the exception of the plf's Eighth Amendment excessive force claim and the state tort claim of assault and battery, is GRA NTED; 6) The motion for summary judgment filed on behalf of dft James Griffin as to the plf's excessive force and state tort claim of assault and battery lodged against this dft in his official capacity for other than monetary damages and in all aspects of his individual capacity is DENIED; 7) This case shall be set for a jury trial before the undersigned on (a) the plf's claims of excessive force and assault and battery lodged against dft James Griffin, and (b) the plf's failure to protect claim lodged against dfts Louis Boyd, Carter Davenport, Kenneth Sconyers, Jeffery Knox, Phelix Woods, Ibeth Jones, Marvin Scaffe, Timothy Allen, Otis Smith, Irvin Dwayne Richardson, Jimmy Thomas, Antonio McClain, Marvin Thomas and Dominic Whitley. Signed by Honorable Judge Mark E. Fuller on 8/6/2012. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
GARY TORENCE SMITH, #166095,
Plaintiff,
v.
LOUIS BOYD, et al.,
Defendants.

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CASE NO. 2:09cv1055-MEF

ORDER
On July 5, 2012, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 103). Upon an independent review of the file
in this case and upon consideration of the Recommendation of the Magistrate Judge, it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge is
hereby ADOPTED and that:

1.

The defendants’ motion for summary judgment with respect to the plaintiff’s

constitutional claims for monetary damages lodged against them in their official capacities
is GRANTED, as the defendants are entitled to absolute immunity from these claims.
2.

The motion for summary judgment filed on behalf of defendants Richard

Allen and Patrick Robinson regarding the plaintiff’s claims against these defendants in the
remaining aspects of their official capacities and in all aspects of their individual capacities
is GRANTED.

3.

The motion for summary judgment filed on behalf of defendants Louis Boyd,

Carter Davenport, Kenneth Sconyers, Jeffery Knox, Phelix Woods, Ibeth Jones, Marvin
Scaffe, Timothy Allen, Otis Smith, Irvin Dwayne Richardson, Jimmy Thomas, Antonio
McClain, Marvin Thomas and Dominic Whitley regarding all claims contained in the
complaint, with the exception of the plaintiff’s failure to protect claim, is GRANTED.
4.

The motion for summary judgment filed on behalf of defendants Louis Boyd,

Carter Davenport, Kenneth Sconyers, Jeffery Knox, Phelix Woods, Ibeth Jones, Marvin
Scaffe, Timothy Allen, Otis Smith, Irvin Dwayne Richardson, Jimmy Thomas, Antonio
McClain, Marvin Thomas and Dominic Whitley related to the plaintiff’s failure to protect
claim lodged against them in their official capacities seeking relief other than monetary
damages and in all aspects of their individual capacities is DENIED.
5.

The motion for summary judgment filed on behalf of defendant James Griffin

regarding all claims contained in the complaint, with the exception of the plaintiff’s Eighth
Amendment excessive force claim and the state tort claim of assault and battery, is
GRANTED.
6.

The motion for summary judgment filed on behalf of defendant James Griffin

as to the plaintiff’s excessive force and state tort claim of assault and battery lodged against
this defendant in his official capacity for other than monetary damages and in all aspects
of his individual capacity is DENIED.

7.

This case shall be set for a jury trial before the undersigned on (a) the

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plaintiff’s claims of excessive force and assault and battery lodged against defendant James
Griffin, and (b) the plaintiff’s failure to protect claim lodged against defendants Louis
Boyd, Carter Davenport, Kenneth Sconyers, Jeffery Knox, Phelix Woods, Ibeth Jones,
Marvin Scaffe, Timothy Allen, Otis Smith, Irvin Dwayne Richardson, Jimmy Thomas,
Antonio McClain, Marvin Thomas and Dominic Whitley.
DONE this the 6th day of August, 2012.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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